The tariff classification of Apolhya polymers from France

N264489 June 5, 2015 CLA-2-39:OT:RR:NC:N4:421 CATEGORY: Classification TARIFF NO.: 3901.90.1000 Mr. Kevin McGonigle Arkema, Inc. 900 First Avenue King of Prussia, PA 19406 RE: The tariff classification of Apolhya polymers from France Dear Mr. McGonigle: In your letter dated March 19, 2015, you requested a tariff classification ruling. The ruling was returned to you for additional information, which was resubmitted to this office on May 6, 2015. Product information and samples were submitted for our review. The products being reviewed are Apolhya polymers, namely Apolhya LC3-UV and Apolhya LC3-10-UVB. While the two products differ in formula, each is a terpolymer consisting primarily of polyethylene. Both products will be imported in pellet form. In accordance with Note 4 to Chapter 39, Harmonized Tariff Schedule of the United States (HTSUS), the expression "copolymers" covers all polymers in which no single monomer contributes 95 percent or more by weight to the total polymer content. The Apolhya products meet this definition. Copolymers are to be classified in the heading covering polymers of that comonomer unit which predominates by weight over every other single comonomer unit. Because the polyethylene predominates, the products will be classified in the heading for polymers of ethylene. Additionally, both products meet the definition of “elastomeric” as set forth in Additional US Note 1 to Chapter 39, HTSUS. The applicable subheading for the Apolhya polymers is 3901.90.1000, HTSUS, which provides for Polymers of ethylene, in primary forms: Other: Elastomeric. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Laurel Duvall at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division